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Table of Contents
- Living Together Does Not Make You Married in Virginia
- When Virginia Recognizes a Common Law Marriage
- Rights of Unmarried Couples in Virginia
- How Unmarried Couples Can Protect Their Interests
- If You Believe You Have a Valid Out-of-State Common Law Marriage
- Talk to The Law Offices of Daniel J. Miller About Your Relationship and Your Rights
Virginia does not allow couples to form a common law marriage inside the state. Living together for years, sharing finances, or “feeling like you’ve been married” because you’ve been dating for so long does not make you legally married under the state’s laws. Virginia does recognize a common law marriage that was validly formed in another state, though. The distinction affects property, support, inheritance, and nearly every decision after a breakup or a death, so it is worth knowing where you and your partner stand.
Living Together Does Not Make You Married in Virginia
Virginia Code § 20-13 requires every marriage in the Commonwealth to be made under a license and solemnized by an authorized officiant. A couple who skips either step is not legally married, no matter how long they have lived together.
Several myths cause confusion on this point, including:
- Seven years of living together creates a marriage.
- A shared home, lease, or bank account creates a marriage.
- Calling each other husband and wife, or wearing rings, creates a marriage.
- Having a child together creates a marriage.
None of these myths are true in Virginia. A couple’s shared history carries no legal weight as a marriage unless the couple obtained a license and held a ceremony.
When Virginia Recognizes a Common Law Marriage
Virginia recognizes marriages that are valid where they were formed. A handful of places allow couples to form a common law marriage, including Colorado, Iowa, Kansas, Texas, and the District of Columbia. The requirements differ, but couples generally must agree to be married, live together, and present themselves to others as spouses. If a couple formed a valid common law marriage in one of those places and later moved to Virginia, Virginia treats them as married.
Virginia courts have rejected common law marriage claims based on a brief stay in a state that allows them, such as a night in a D.C. hotel. Courts look at whether the couple met the other state’s requirements, and a brief stay rarely does.
Rights of Unmarried Couples in Virginia
Without a legal marriage, a breakup works differently than a divorce. A court cannot order spousal support or divide property through equitable distribution the way it does for spouses. Property generally belongs to the person whose name is on the title or who paid for the item, so a home titled to one partner can belong entirely to that partner, even when both partners contributed to the payments.
Death raises similar problems. A partner who is not a legal spouse has no automatic right to inherit. If one partner dies without a will, the property passes to relatives under Virginia’s inheritance rules, and the surviving partner might receive nothing.
Children are different. A child’s rights do not depend on whether the parents married. Unmarried parents can pursue child custody and child support, and a father who was not married to the mother might first need to establish paternity.
How Unmarried Couples Can Protect Their Interests
Couples who choose not to marry still have options.
Planning ahead closes many of the gaps we’ve discussed, such as:
- A cohabitation agreement can spell out who owns what, who pays which expenses, and how property is divided if the relationship ends.
- Joint ownership, or ownership with survivorship rights, can give a surviving partner the property.
- Wills and beneficiary designations let you name your partner for assets that would otherwise go to relatives.
- Powers of attorney and healthcare directives allow a partner to make decisions when you cannot.
Couples preparing to marry can address the same questions in a prenuptial agreement, though.
If You Believe You Have a Valid Out-of-State Common Law Marriage
Some couples discover during a separation that Virginia treats them as married. A common law marriage ends only the way any marriage ends, through divorce or the death of a spouse. Walking away does not end the marriage, and marrying someone else without a divorce can create serious legal problems.
If a valid common law marriage exists, a Virginia divorce follows the usual rules. Under Virginia Code § 20-97, at least one spouse must have lived in Virginia for six months before filing. The court can then divide property and address spousal support as with any other marriage. Proving the marriage often becomes the main dispute, because one spouse might deny it. Evidence such as joint tax returns, a shared surname, and how the couple described themselves to others becomes important.
Military families face an added concern, since benefits such as health coverage can depend on a valid marriage. Ending a marriage with a service member also brings the issues that arise in a military divorce, including how military retirement and benefits are divided.
Talk to The Law Offices of Daniel J. Miller About Your Relationship and Your Rights
At The Law Offices of Daniel J. Miller, our family law attorneys help couples understand where they stand through the lens of the law, whether they are married, living together, or unsure. We handle divorce, property division, support, and custody, and we help unmarried parents protect their rights to their children. Our team can review your history, including where you lived and how you presented your relationship, to determine whether a valid common law marriage exists. With more than 25 years of practice experience, we give clear answers to complicated questions about marital status.
If you are unsure whether you are legally married, or you need to protect your rights in an unmarried relationship, call The Law Offices of Daniel J. Miller at (757) 267-4949 or contact us online to schedule your consultation.